Terms & Conditions

Effective Date: August 3, 2026  |  Last Updated: August 3, 2026  |  Version 3.0

1. Introduction & Acceptance

Welcome to Om's Martial Arts & Fitness Studio (hereinafter referred to as "Om's Academy," "Company," "we," "us," or "our"), located at C6/1, Sandhya Marg, Akruti Apartments, Chitrakoot, Jaipur, Rajasthan 302021, India.

These Terms & Conditions ("Terms") constitute a legally binding agreement between you ("Student," "Member," "User," "you," or "your") and Om's Academy. These Terms govern:

• Your access to and use of our website at https://omsacademy.org (the "Site")
• Your enrollment in any in-person or online classes, programs, workshops, or services
• Your use of our physical facilities, equipment, and premises
• All communications, transactions, and interactions between you and Om's Academy

By enrolling in any program, attending classes, accessing our Site, making any payment, or signing any enrollment/waiver form, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are enrolling on behalf of a minor (below 18 years), you confirm that you are the parent or legal guardian and accept these Terms on behalf of the minor.

If you do not agree with any part of these Terms, please do not use our Site, facilities, or services.

These Terms are issued in compliance with the Consumer Protection Act, 2019, the Indian Contract Act, 1872, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, and all other applicable Indian laws and regulations.

2. Definitions

For the purposes of these Terms, the following definitions apply:

• "Academy" means Om's Martial Arts & Fitness Studio, its owners, directors, coaches, instructors, employees, agents, and authorized representatives.
• "Program" means any martial arts class, fitness session, workshop, seminar, tournament preparation, personal training, online class, or any other service offered by the Academy.
• "Membership" means the right to attend classes and use Academy facilities for a specified period as per the enrolled plan.
• "Minor" means any person below 18 years of age.
• "Guardian" means a parent or legal guardian who enrolls a Minor and accepts these Terms on their behalf.
• "Site" means the website at omsacademy.org, including all pages, content, forms, and embedded tools.
• "Fees" means all charges payable by you for enrollment, membership, classes, workshops, examinations, materials, or any other service.
• "Content" means all text, images, videos, logos, curriculum, training materials, choreography, and course content owned by the Academy.
• "Force Majeure Event" has the meaning assigned in Section 27.
• "DPDP Act" means the Digital Personal Data Protection Act, 2023, and the Digital Personal Data Protection Rules, 2025.
• "CPA 2019" means the Consumer Protection Act, 2019.

3. Services & Programs

Om's Academy offers various martial arts and fitness programs, including but not limited to:

• Taekwondo (all levels — beginner to advanced)
• Kickboxing
• MMA (Mixed Martial Arts) Training
• Power Yoga
• Self-Defence Workshops (including women's self-defence)
• Weight Management & Fitness Programs
• Personal / One-on-One Training
• Live Online Classes
• Belt Grading & Tournament Preparation
• Special workshops, seminars, and guest instructor sessions

All programs are subject to:

• Availability of instructors and batch capacity
• Schedule changes with reasonable prior notice
• Instructor discretion regarding curriculum, progression, and readiness for belt promotions
• Minimum enrollment requirements for batch continuity

We reserve the right to modify, merge, suspend, or discontinue any program with at least 7 days' prior notice to enrolled students. In case of discontinuation, the refund provisions in our Refund & Cancellation Policy shall apply.

4. Enrollment, Registration & Membership

• All students must complete the registration process and provide accurate, complete, and current personal information, including:
• Full name, date of birth, age, gender
• Phone number, email address, residential address
• Emergency contact (name, relationship, phone number)
• Medical history relevant to physical training
• Photograph for identity records (if applicable)
• Membership is personal and non-transferable, except as provided in Section 11.
• Minors (below 18 years): A parent or legal guardian must complete registration on behalf of the minor, sign all applicable waivers and consent forms, and provide a valid health declaration. The Guardian assumes full responsibility for the Minor's participation, conduct, and adherence to these Terms.
• Membership plans, fees, and duration are as specified at the time of enrollment.
• We reserve the right to accept or reject any enrollment application at our sole discretion, without assigning reasons.
• You must inform us promptly of any changes to your contact details, medical condition, emergency contact, or other registration information.
• Providing false, misleading, or incomplete information during registration may result in immediate termination of membership without refund.
• By enrolling, you confirm that you are at least 5 years of age (or the minimum age specified for the particular program).

5. Membership Types & Duration

• We offer various membership plans including monthly, quarterly, half-yearly, and annual plans. Specific plan details (duration, number of classes per week, batch timings) are communicated at the time of enrollment.
• Trial Classes: A free or paid trial class may be offered at the Academy's discretion. Attendance at a trial class does not constitute enrollment unless fees are paid and registration is completed.
• Batch Allocation: Batch timing (morning/evening/online) is subject to availability. Changes to batch timing may be requested in writing and are subject to approval.
• Membership Expiry: Membership is valid for the enrolled period only. Upon expiry, you must renew to continue attending classes. We will remind you before expiry, but the responsibility to renew rests with you.
• No Carry-Forward: Unused classes within a membership period cannot be carried forward to the next period, unless explicitly stated in the plan or approved by management.

6. Fees, Payment & Billing

• All fees are payable in advance as per the chosen program plan, unless otherwise agreed in writing.
• Accepted Payment Methods: UPI (GPay, PhonePe, Paytm, etc.), Net Banking, Debit/Credit Card, Bank Transfer (NEFT/IMPS), or Cash (at the academy premises).
• All fees are quoted in Indian Rupees (₹ / INR).
• Late Payments: Failure to pay fees by the due date may result in:
• A late fee of up to ₹200 or 5% of the outstanding amount (whichever is lower)
• Temporary suspension of access to classes until payment is received
• If fees remain unpaid beyond 15 days of the due date (after written reminder), membership may be terminated as per Section 26
• Promotional Offers: Discounted or promotional offers cannot be combined with other offers unless explicitly stated. Promotional pricing is valid only for the specified period and is subject to availability.
• Fee Revision: We reserve the right to revise fees with at least 30 days' prior written notice. Revised fees will apply from the next billing cycle and will not affect the current paid period.
• A payment receipt will be issued for every fee payment. Please retain this for your records and for any refund claims.

7. GST & Taxation

• Effective September 22, 2025, gym membership and fitness centre services attract 5% GST without Input Tax Credit (ITC), as per the GST Council's revised rate structure [[175]][[177]].
• All fees displayed or quoted are inclusive of applicable GST unless explicitly stated otherwise.
• If GST rates are revised by the Government of India or the GST Council, the revised rate will apply from the effective date. Any differential amount (increase or decrease) will be adjusted in the next billing cycle.
• Sports academies with annual earnings above ₹20 lakh are required to be GST-registered [[80]]. Om's Academy complies with all applicable GST registration and filing requirements.
• Refund amounts, if applicable, will be adjusted for the GST component as per prevailing tax laws. Applicable TDS (Tax Deducted at Source) under the Income Tax Act, 1961, may be deducted if the refund exceeds the prescribed threshold.

8. Refund & Cancellation Policy

Our detailed Refund & Cancellation Policy is available at omsacademy.org/refund-policy/ and forms an integral part of these Terms. Key highlights:

• Cooling-Off Period: Full refund (minus registration fee and material cost) within 7 calendar days of enrollment, provided no more than 2 classes have been attended.
• Tiered Refund: 75% (8-15 days) → 50% (16-30 days) → No refund (after 30 days), subject to processing fees.
• Medical Grounds: Pro-rated refund with valid doctor's certificate, subject to 10-15% processing fee.
• Service Deficiency: Proportionate refund as per the Consumer Protection Act, 2019, if services are deficient.
• Academy-Caused Cancellation: Full refund of unused fees within 15 business days.

In compliance with the Consumer Protection Act, 2019 (Section 2(47)), we do not enforce any blanket "No Refund" policy. Your statutory rights as a consumer are fully preserved [[107]][[109]].

9. Membership Freeze & Suspension

• You may request a membership freeze for a minimum of 7 days and a maximum of 30 days per instance, for medical reasons, outstation travel, examinations, or other genuine circumstances.
• Maximum 2 freeze instances are allowed per membership tenure.
• The freeze period will be added to the end of your membership duration.
• Freeze requests must be submitted in writing (email or physical application) at least 3 days in advance, with supporting documentation if applicable.
• During the freeze period, no additional fees will be charged, and membership benefits will be paused.
• Freeze is not available for memberships in default (unpaid fees) or under disciplinary suspension.
• We may suspend your membership for non-payment, violation of these Terms, or behavior detrimental to the academy environment. No refund will be provided for the suspension period.

10. Membership Transfer

• Membership is personal and non-transferable by default.
• In exceptional circumstances (e.g., permanent relocation out of Jaipur), you may request a one-time transfer of your remaining membership to an immediate family member (spouse, sibling, or child), subject to:
• Prior written approval from academy management
• The transferee completing fresh registration and health declaration
• A nominal transfer processing fee of ₹500
• The transferee agreeing to be bound by all Terms
• Transfer requests will be processed within 7 business days.

11. Auto-Renewal & Recurring Payments (RBI E-Mandate)

• In compliance with the Reserve Bank of India's e-mandate framework, we do not auto-debit your account for membership renewal without your explicit fresh consent [[131]][[137]].
• If you opt for a recurring payment arrangement (e-mandate), the following RBI rules apply:
• Recurring payments up to ₹15,000 may be processed without Additional Factor of Authentication (AFA) per cycle [[131]].
• A 24-hour pre-debit notification will be sent to you before each recurring charge [[137]].
• You may modify or cancel the e-mandate at any time through your bank or our payment gateway.
• If you do not opt for auto-renewal, you will be contacted before your membership expires to confirm renewal. Failure to renew will result in membership lapse.

12. Health, Safety & Medical Disclaimer

• All participants must be in adequate physical and mental health to participate in martial arts and fitness training.
• By enrolling, you confirm that you have no undisclosed medical condition (including but not limited to heart conditions, asthma, epilepsy, joint injuries, pregnancy, recent surgery, or chronic illness) that may be aggravated by physical activity.
• We strongly recommend consulting a qualified physician before beginning any training program, especially if you have a pre-existing medical condition, are over 40, or have been sedentary.
• You must inform the instructor before each class of any injury, illness, medication, or physical limitation.
• For Minors: The Guardian is solely responsible for providing an accurate health declaration and ensuring the child's fitness to participate. Any change in the Minor's medical condition must be reported immediately.
• The Academy maintains basic first-aid supplies at the premises. In case of a medical emergency, we will contact your emergency contact and/or emergency services (112). You consent to the provision of basic first aid and, if necessary, transportation to a medical facility.
• The Academy is not a medical facility. Our coaches and staff are not medical professionals. Any advice given by instructors regarding fitness, nutrition, or physical readiness is general guidance and does not constitute medical advice.

13. Liability Waiver, Assumption of Risk & Indemnification

⚠️ PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

• Assumption of Risk: You acknowledge that martial arts and fitness training involve inherent risks, including but not limited to bruises, sprains, strains, fractures, dislocations, concussions, cuts, and other physical injuries. You voluntarily and knowingly assume all risks of injury, illness, loss, or damage associated with participation in our programs, whether in-person or online [[35]][[42]].
• Release of Liability: To the fullest extent permitted by applicable Indian law, you hereby release, waive, and discharge Om's Academy, its owners, directors, coaches, instructors, employees, agents, affiliates, and successors from any and all claims, demands, causes of action, or liabilities arising out of or related to any injury, loss, or damage sustained during training, except in cases of gross negligence or willful misconduct by the Academy or its staff [[98]].
• Indemnification: You agree to indemnify, defend, and hold harmless Om's Academy and its affiliates from any and all claims, damages, losses, costs, or expenses (including reasonable legal fees) arising from:
• Your breach of these Terms
• Your conduct during training or on academy premises
• Your violation of any applicable law
• Your use of academy equipment in an unauthorized or negligent manner
• Voluntary Participation: You confirm that your participation is entirely voluntary and that you have not been coerced, pressured, or induced into enrolling.
• For Minors: The Guardian, on behalf of the Minor, acknowledges and accepts all the above provisions. The Guardian confirms that the Minor's participation is with the Guardian's full knowledge and consent.
• Limitation: Nothing in this Section shall exclude or limit the Academy's liability for death or personal injury caused by gross negligence or willful misconduct, or for any liability that cannot be excluded under Indian law, including the Consumer Protection Act, 2019 [[19]][[106]].
• Insurance: We recommend that all participants maintain adequate personal health and accident insurance. The Academy does not provide personal accident or health insurance coverage for students.

14. Code of Conduct & Studio Rules

All students, guardians, and visitors are expected to maintain discipline, respect, and sportsmanship. The following rules apply:

• Arrive on time and in the proper uniform/attire as specified for your program. Late entry may be denied at the instructor's discretion.
• Show respect to coaches, instructors, fellow students, and academy staff at all times. Bow/salute as per the tradition of your discipline.
• Zero Tolerance: No aggressive, abusive, discriminatory, or disrespectful behavior will be tolerated. This includes verbal, physical, or online harassment, bullying, or intimidation.
• Maintain personal hygiene. Remove all jewelry, watches, rings, and sharp objects before training. Trim nails.
• Inform the coach in advance if you are unable to attend a class.
• Mobile phones must be on silent mode during classes. Recording classes (audio, video, or photo) without prior written permission is strictly prohibited.
• Do not use academy equipment (pads, bags, weapons, mats) without instructor supervision.
• Report any injury, unsafe condition, or concern to the instructor immediately.
• No food, gum, or beverages (except water in a sealed bottle) on the training floor.
• No smoking, alcohol, or illegal substances on academy premises. Attendance under the influence will result in immediate removal.
• Parents/guardians of minors must wait in the designated area and not enter the training floor during classes unless invited.
• Violation Consequences: Any breach of these rules may result in:
• Verbal warning
• Written warning
• Temporary suspension (1-4 weeks)
• Permanent termination of membership without refund
• The severity of the consequence will be determined by the Academy management based on the nature and frequency of the violation.

15. Anti-Harassment, Anti-Bullying & POSH Compliance

Om's Academy is committed to providing a safe, inclusive, and harassment-free environment for all students, staff, and visitors, regardless of gender, age, religion, caste, disability, or sexual orientation.

• Zero Tolerance: Any form of sexual harassment, physical harassment, verbal abuse, bullying, ragging, discrimination, or intimidation will result in immediate disciplinary action, up to and including permanent expulsion and reporting to law enforcement.
• POSH Act Compliance: In compliance with the Prevention of Sexual Harassment (POSH) Act, 2013, which applies to all workplaces regardless of size [[73]][[74]]:
• We have designated an Internal Complaints Committee (ICC) / Internal Committee to receive and address complaints of sexual harassment.
• For organizations with fewer than 10 employees, complaints may also be directed to the Local Complaints Committee (LCC) constituted by the District Officer [[76]].
• All complaints will be handled with confidentiality, sensitivity, and fairness.
• Retaliation against a complainant or witness is strictly prohibited and will be treated as a separate disciplinary offense.
• Anti-Bullying (Minors): We maintain a strict anti-bullying policy for all children's programs. Any student found bullying, intimidating, or physically harming another student will face immediate suspension pending investigation. Parents/guardians will be notified.
• Reporting: To report harassment, bullying, or discrimination, contact:
• Email: omsfitness@gmail.com (subject: "Confidential — Harassment Report")
• Phone: +91 96360 02244
• In person: Speak to the academy manager or designated ICC member

16. Children & Minors — Special Provisions

• Om's Academy welcomes students from 5 years of age. Special care is taken to ensure the safety and well-being of all minor students.
• Guardian Responsibility: The Guardian is responsible for:
• Dropping and picking up the Minor on time. The Academy is not responsible for the Minor's safety outside class hours.
• Ensuring the Minor arrives in proper uniform and with necessary equipment.
• Informing the Academy of any medical condition, allergy, or behavioral concern.
• Signing all waivers, consent forms, and media release forms on behalf of the Minor.
• Supervision: Minors will be supervised by authorized staff during class hours only. The Academy does not provide childcare or supervision outside of scheduled class times.
• Photo/Video of Minors: Photographs and videos of minor students are taken and used only with prior written consent from the Guardian (see Section 18).
• Data Protection of Minors: Personal data of minors is processed in compliance with Section 9 of the DPDP Act, 2023, which requires verifiable parental consent and prohibits behavioral monitoring or targeted advertising directed at children.
• Emergency Protocol: In case of injury or emergency involving a Minor, the Academy will:
• Provide immediate first aid
• Contact the Guardian via the registered emergency contact number
• If the Guardian is unreachable and the situation is urgent, contact emergency services (112) and transport the Minor to the nearest hospital
• Background Checks: All coaches and staff who interact with minors are subject to background verification.

17. Equipment, Uniform & Personal Belongings

• Uniform: Students are required to wear the prescribed uniform (Dobok/training attire) as specified for their program. Uniforms can be purchased from the Academy or authorized vendors.
• Equipment: Protective gear (gloves, shin guards, mouthguards, headgear) may be required for certain programs. The Academy will specify required equipment at enrollment.
• Academy Equipment: All equipment provided by the Academy (pads, bags, mats, weapons) remains the property of the Academy. You are responsible for using equipment properly and reporting any damage. Willful damage to academy property will be charged at replacement cost.
• Personal Belongings: The Academy provides basic storage facilities, but we are not responsible for loss, theft, or damage to personal belongings (phones, wallets, jewelry, bags, etc.). Please do not bring valuables to the academy.

18. Photo, Video & Media Release

• Om's Academy may photograph, record, or video students during classes, events, demonstrations, belt ceremonies, competitions, and training sessions for promotional, educational, and marketing purposes, including use on our website, social media channels (Instagram, YouTube, Facebook), printed materials, and advertisements.
• By enrolling, you (or the Guardian in the case of a Minor) grant us a non-exclusive, royalty-free, perpetual, worldwide license to use such media.
• Opt-Out: If you do not wish to be photographed or recorded, please notify us in writing at the time of enrollment by emailing omsfitness@gmail.com or submitting a written request at the academy. We will make reasonable efforts to accommodate your request, but cannot guarantee exclusion from group shots or background footage.
• For Minors: Written parental/guardian consent is mandatory before any photograph or video of a minor is captured or published [[127]].
• Testimonials: Any testimonial, review, or feedback you provide may be used for promotional purposes with your name (or initials) unless you request anonymity.
• Your Content: If you share photos, videos, or content with us (via WhatsApp, email, or upload), you grant us a license to use such content for academy-related purposes. Please ensure you have the right to share such content and that it does not contain embedded location data (EXIF GPS).

19. CCTV & Surveillance

• The Academy premises may be equipped with CCTV cameras for the safety and security of students, staff, and property.
• CCTV footage of identifiable individuals constitutes personal data under the DPDP Act, 2023 [[139]][[143]]. We process CCTV data solely for:
• Safety and security of persons on the premises
• Prevention and investigation of theft, vandalism, or criminal activity
• Resolution of disputes or complaints
• CCTV cameras are installed in common areas, entry/exit points, and training floors only. Cameras are NOT installed in changing rooms, restrooms, or any private areas.
• Notice: Signage indicating CCTV surveillance is displayed at entry points and relevant areas.
• CCTV footage is retained for a maximum of 30 days (or longer if required for an ongoing investigation or legal proceeding) and is then securely deleted.
• Access to CCTV footage is restricted to authorized personnel only. Footage will not be shared with third parties except as required by law or law enforcement.
• You may request access to CCTV footage involving you by submitting a written request, subject to verification and applicable law.

20. Intellectual Property

• All content on our Site and within our programs — including but not limited to text, graphics, logos, images, videos, training materials, curriculum, lesson plans, choreography, techniques sequences, and course content — is the exclusive property of Om's Martial Arts & Fitness Studio and is protected by Indian and international copyright, trademark, and intellectual property laws.
• You may not reproduce, distribute, modify, create derivative works from, publicly display, broadcast, or use any of our content for commercial purposes without our prior written consent.
• Class Recording: Recording classes (audio, video, or photo) without prior written permission is strictly prohibited. Unauthorized recordings may result in termination of membership and legal action.
• Belt Curriculum: The specific curriculum, techniques, and progression system taught at Om's Academy are proprietary. You may not teach, publish, or commercially exploit our curriculum without authorization.
• Unauthorized use of our content may result in legal action under the Copyright Act, 1957, the Trade Marks Act, 1999, and the Information Technology Act, 2000.

21. Belt Rank, Certification & Grading

• Belt promotions and rank certifications are awarded at the sole discretion of the head instructor/coach based on the student's skill level, attendance, attitude, and readiness.
• Grading Examinations: Belt grading examinations are conducted periodically. Eligibility criteria (minimum attendance, training duration, skill proficiency) are communicated in advance.
• Grading Fees: A separate grading/examination fee may be charged. This fee is non-refundable once the examination has been conducted.
• Certificates: Rank certificates issued by Om's Academy are the property of the student upon issuance. However, the Academy reserves the right to revoke or withhold a certificate if it is found that the student obtained the rank through fraudulent means or if the student's membership is terminated for disciplinary reasons.
• Recognition: Belt ranks issued by Om's Academy are recognized within our affiliated martial arts federation/organization. Recognition by other schools, federations, or organizations is at their discretion.
• No Guarantee: Enrollment in a program does not guarantee any specific belt rank, certification, or competition result.

22. Privacy & Data Protection

Your personal data is collected, processed, stored, and protected in accordance with our Privacy Policy and the Digital Personal Data Protection Act, 2023 (DPDP Act) and the DPDP Rules, 2025 [[14]].

• We act as the Data Fiduciary for your personal data.
• Your consent for data collection is obtained at the time of registration through a clear affirmative action (checkbox, signed form).
• You have the right to access, correct, delete, or port your personal data, and to withdraw consent at any time.
• You may nominate an individual to exercise your data rights in the event of your death or incapacity (Section 14, DPDP Act).
• For complete details, please refer to our Privacy Policy.

23. Online Classes & Digital Services

• Online classes are conducted via platforms such as Zoom, Google Meet, or YouTube Live. Access links and credentials will be shared with enrolled students.
• Access Credentials: Login links and passwords are personal and non-shareable. Sharing access with unauthorized persons may result in termination of access without refund.
• Recording: Students may not record, screenshot, or distribute online class content without prior written permission. The Academy may record sessions for quality and training purposes.
• Technical Requirements: You are responsible for having a stable internet connection, compatible device, and adequate space for participation. The Academy is not liable for technical issues on your end.
• Cancellation of Online Sessions: If the instructor cancels a live session, a make-up session will be scheduled. If more than 3 consecutive sessions are cancelled by the Academy, you may request a pro-rated refund.
• Refunds for Online Classes: As per our Refund Policy, online class fees are generally non-refundable once the course has commenced, except in cases of service deficiency or technical failure on our end.
• Online classes are governed by the Information Technology Act, 2000, which provides legal recognition to electronic records and digital transactions [[121]].

24. Third-Party Links & Services

• Our Site may contain links to third-party websites, payment gateways, or services (e.g., YouTube, Google Maps, Razorpay, WhatsApp, social media platforms). These links are provided for convenience only.
• We are not responsible for the content, privacy practices, terms, availability, or accuracy of any third-party sites or services.
• Your use of such sites is at your own risk and subject to their respective terms and policies.
• Some third-party services (e.g., WhatsApp/Meta, Google) may process your data on servers located outside India. Please review their privacy policies for details on international data transfers.

25. Website Terms of Use

In addition to these Terms, the following rules apply to your use of our Site:

• You may use the Site only for lawful purposes related to enquiring about or enrolling in our programs.
• You shall not: hack, disrupt, or interfere with the Site's functionality; upload viruses or malicious code; scrape, crawl, or extract data without permission; impersonate any person or entity; or use the Site to transmit spam or unsolicited communications.
• All enquiry forms on the Site must be filled with accurate information. Misuse of forms (e.g., spam submissions, false information) may result in blocking of access.
• The Site and its content are provided on an "as is" and "as available" basis. While we strive for accuracy, we do not warrant that the Site will be error-free, uninterrupted, or free from viruses.
• We reserve the right to modify, suspend, or discontinue the Site (or any part of it) at any time without notice.

26. Termination

• By You: You may terminate your membership by providing 15 days' written notice via email or physical application. Termination does not entitle you to a refund of the remaining fees for the current billing period, except as provided in our Refund & Cancellation Policy.
• By Us: We may terminate or suspend your membership immediately and without notice for:
• Violation of these Terms or academy rules
• Non-payment of fees beyond 15 days of the due date (after written reminder)
• Behavior that is harmful, disruptive, harassing, or detrimental to the academy environment
• Provision of false or misleading information during registration
• Theft, vandalism, or damage to academy property
• Unauthorized recording or distribution of class content
• Upon termination, your right to access classes, the Site's member areas, and academy facilities ceases immediately.
• Termination does not affect any rights or obligations that have accrued prior to termination, including any outstanding payment obligations.
• Consumer Rights Preserved: Nothing in this Section limits your statutory rights under the Consumer Protection Act, 2019. If you believe your termination was unjust, you may seek remedies under Section 35 of the CPA 2019 [[106]].

27. Force Majeure

Neither party shall be liable for any failure or delay in performing its obligations under these Terms if such failure or delay results from circumstances beyond its reasonable control ("Force Majeure Event"), including but not limited to [[62]][[67]]:

• Natural disasters (earthquake, flood, cyclone, fire)
• Epidemics, pandemics, or public health emergencies
• Government orders, lockdowns, curfews, or restrictions
• Civil unrest, war, terrorism, or riots
• Power failures, internet/telecom disruptions, or infrastructure collapse
• Strikes or labor disputes (not involving the affected party's own employees)

Consequences of Force Majeure:

• The affected party will notify the other party promptly (within 7 days) of the Force Majeure Event and its expected duration.
• Classes may be suspended, rescheduled, or moved online during the Force Majeure Event.
• If the Force Majeure Event continues for more than 30 consecutive days, affected members may choose between:
• (a) A pro-rated refund of unused fees
• (b) A credit/extension of membership for the equivalent period
• (c) Alternative online classes at no additional cost (if available)
• Force Majeure does not excuse payment obligations that have already accrued prior to the event.

Note: As per Indian law, force majeure is interpreted narrowly — performance must become physically or legally impossible, not merely more difficult or expensive [[62]][[63]].

28. Limitation of Liability

To the fullest extent permitted by applicable Indian law:

• Om's Academy, its owners, coaches, employees, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or in connection with your use of the Site, participation in any program, or reliance on any information provided by us.
• Our total aggregate liability for any claim arising under these Terms shall not exceed the total fees paid by you to Om's Academy in the three (3) months preceding the event giving rise to the claim.
• Exceptions: Nothing in these Terms shall exclude or limit our liability for:
• Death or personal injury caused by our gross negligence or willful misconduct
• Fraud or fraudulent misrepresentation
• Any liability that cannot be excluded under the Consumer Protection Act, 2019, the Indian Contract Act, 1872, or any other applicable Indian law [[19]][[106]]

29. Dispute Resolution

In the event of any dispute, difference, or claim arising out of or in connection with these Terms, the parties shall follow this multi-tier dispute resolution process [[52]][[54]]:

• Step 1 — Amicable Resolution: The parties shall first attempt to resolve the matter amicably through mutual discussion within 30 days of written notice of the dispute. You may contact us at omsfitness@gmail.com.
• Step 2 — Mediation: If the dispute is not resolved amicably, the parties agree to submit the dispute to mediation administered by a mutually agreed mediator in Jaipur, Rajasthan, before initiating any legal proceedings. The costs of mediation shall be shared equally.
• Step 3 — Consumer Commission / Courts: If mediation fails:
• You may file a complaint with the District Consumer Disputes Redressal Commission, Jaipur under Section 35 of the Consumer Protection Act, 2019. The limitation period is 2 years from the cause of action.
• Alternatively, the dispute shall be subject to the exclusive jurisdiction of the competent courts in Jaipur, Rajasthan.

Note: Pre-arbitration mediation clauses are recognized in Indian law, though non-compliance does not necessarily invalidate subsequent proceedings [[54]][[57]].

30. Governing Law & Jurisdiction

• These Terms shall be governed by and construed in accordance with the laws of India, including but not limited to:
• The Consumer Protection Act, 2019
• The Indian Contract Act, 1872
• The Information Technology Act, 2000
• The Digital Personal Data Protection Act, 2023
• The Copyright Act, 1957
• The Prevention of Sexual Harassment (POSH) Act, 2013
• Subject to Section 29, any dispute shall be subject to the exclusive jurisdiction of the competent courts in Jaipur, Rajasthan, India.

31. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction or the Consumer Commission, such invalidity shall not affect the remaining provisions, which shall continue in full force and effect [[196]]. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable while preserving the original intent of the parties.

In particular, we acknowledge that under Section 49(2) of the CPA 2019, the State Commission may declare any terms of contract that are unfair to a consumer to be null and void [[198]]. We have drafted these Terms to be fair, balanced, and compliant with applicable law.

32. Entire Agreement

These Terms, together with our Privacy Policy, Refund & Cancellation Policy, and any enrollment forms, waivers, or consent forms signed by you, constitute the entire agreement between you and Om's Academy regarding the subject matter hereof and supersede all prior or contemporaneous agreements, representations, and understandings, whether oral or written.

No verbal promise, representation, or assurance made by any staff member, coach, or agent of the Academy that is not contained in these Terms or our written policies shall be binding on the Academy.

33. Assignment

• By You: You may not assign, transfer, or delegate your rights or obligations under these Terms to any third party without our prior written consent (except as provided in Section 10 regarding membership transfer).
• By Us: Om's Academy may assign, transfer, or subcontract its rights and/or obligations under these Terms without your consent, including in the event of a merger, acquisition, reorganization, or sale of assets [[97]]. In such cases, your personal data will continue to be protected under our Privacy Policy and the DPDP Act.

34. No Waiver & Amendments

• No Waiver: Our failure to enforce any right or provision of these Terms at any time shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Om's Academy.
• Amendments: We reserve the right to modify, update, or replace these Terms at any time. Any changes will be posted on this page with an updated "Last Updated" date.
• Material Changes: Material changes (such as changes to fees, refund policy, liability clauses, or data processing) will be communicated to enrolled members via email or notice at the academy at least 15 days before they take effect.
• No Retrospective Effect: Changes will not apply retrospectively to fees already paid or obligations already accrued under the previous version of these Terms.
• Your continued use of our services or attendance at classes after the effective date of any changes constitutes your acceptance of the revised Terms. If you do not agree with the changes, you may terminate your membership as per Section 26.

35. Contact Us

For any questions, concerns, complaints, or requests regarding these Terms & Conditions, please contact us at:

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These Terms are issued in compliance with the Consumer Protection Act, 2019, the Indian Contract Act, 1872, the Information Technology Act, 2000, the Digital Personal Data Protection Act, 2023, the DPDP Rules, 2025, the Prevention of Sexual Harassment (POSH) Act, 2013, the Consumer Protection (E-Commerce) Rules, 2020, and applicable RBI guidelines. These Terms do not limit or exclude any statutory rights you may have under applicable Indian law. For the full text of the Consumer Protection Act, 2019, visit consumeraffairs.nic.in.

By using our services, you acknowledge that you have read, understood, and agree to these Terms & Conditions. Thank you for being a part of the Om's Academy family. 🥋